PLANNING COMMISSION REPORT

PLANNING COMMISSION REPORT

Regular Agenda – Public Hearing Item

PC Staff Report

04/21/08

ITEM NO. 6A: UR TO RM12; 6.99 ACRES; S OF OVERLAND DR BETWEEN STONERIDGE DR & QUEENS RD (MKM)

Z- Z-02-07A-08: A request to rezone a tract of land approximately 6.99 acres from UR (Urban Reserve) to RM12 (Multi-Dwelling Residential). The property is located S of Overland Dr between Stoneridge Dr & Queens Rd. Submitted by Landplan Engineering, for Pear Tree Village L.P., property owner of record.

1. STAFF RECOMMENDATION: Staff recommends approval of the rezoning request for 6.99 acres from UR (Urban Reserve) to RM12 (Multi-dwelling Residential) District and forwarding it to the City Commission with a recommendation for approval based on the findings of fact found in the body of the staff report.

Applicant’s reason for request: “This land is currently zoned UR to provide a ‘placeholder’ classification for newly annexed land. The current UR zoning classification makes it necessary to zone the property for an intended use.”

KEY POINTS

· This rezoning request is part of a development proposal which includes approximately 21 acres of multi-dwelling residential development at a density of 15 units per acre, 7.23 acres of Neighborhood Commercial Development and 5.669 acres of Commercial-Office Development.

· The property is currently unplatted and a Preliminary Plat [PP-10-09-07] was submitted concurrently with this rezoning request.

GOLDEN FACTORS TO CONSIDER

CHARACTER OF THE AREA

· The area is primarily undeveloped, but development proposals have been submitted and Preliminary Plans have been approved for a Community Commercial Center (CC400) to the west. A residential subdivision has been platted to the west of the subject property which has not yet been developed.

CONFORMANCE WITH HORIZON 2020

§ The proposed rezoning request from UR to RM12 is consistent with land use recommendations found in Horizon 2020.

ASSOCIATED CASES/OTHER ACTION REQUIRED

· Planning Commission approval of preliminary plat [PP-10-09-07] which was submitted concurrently with this rezoning and is also being considered at the April meeting.

· Planning Commission recommendation of approval for associated rezonings [Z-02-07B-08 to the RM15 District, Z-02-07C-08 to the CN2 District and Z-02-07D-08 to the CO District] being heard at the April meeting.

· City Commission approval of zoning requests and publication of zoning ordinances.

· City Commission acceptance of easements and rights-of-way on the Preliminary Plat.

· Planning Director approval of the Final Plat.

· Submittal and approval of Public Improvement Plans.

· Recording of the Final Plat with the Douglas County Register of Deeds.

· Submittal and administrative review of site plan for multi-family development.

PUBLIC COMMENT RECEIVED PRIOR TO PRINTING

· No public comment has been received prior to printing this Staff Report.

GENERAL INFORMATION

Current Zoning and Land Use:

UR (Urban Reserve) District; crop land.

Surrounding Zoning and Land Use:

To the west:

RM12D (Multi-dwelling Residential) District which is limited to duplex development; This property has been rezoned and platted as the Oregon Trail Addition but has not yet been developed; and

GPI (General Public and Institutional Use) District; a site plan has been approved for a City Water Tower.

To the east:

RM12 (Multi-dwelling Residential) District; multi-dwelling residences; and,

UR (Urban Reserve) District; single family homes

To the north:

UR (Urban Reserve) District; Agricultural uses.

To the south:

UR (Urban Reserve) District; additional property under the same ownership which has a rezoning request to the RM15 (Multi-Dwelling Residential) District and to the south of that property under the same ownership which has rezoning requests to the CN2 (Commercial Neighborhood) and the CO (Commercial Office) Districts being considered at the April Planning Commission meeting. Property is undeveloped.

I. CONFORMANCE WITH THE COMPREHENSIVE PLAN

Applicant’s Response:

“The Comprehensive Plan indicates that medium density residential sites should, ‘….occupy transitional locations between single-family neighborhoods and office/commercial areas.’ (p, 5-5) This proposed RM12 zoning complies by providing the 7 to 15 dwelling units the Comprehensive Plan prescribes. This requested zoning designation also provides the transition between commercial uses to the south and the lower density residential zoning the comprehensive plan suggests should occur to the north.”

The Comprehensive Plan defines residential developments with 7 to 15 units per acre as ‘medium density’. This land use category is recommended for development along major roadways, near high intensity activity areas, and when adjacent to natural amenities in the form of cluster development. Most of the recommended sites occupy transitional locations between single-family neighborhoods and office/commercial areas; or near large open space or natural areas. (pages 5-4 and 5-5).

Horizon 2020 recommends that development proposals be reviewed for compatibility with existing land uses. (Goal 1: Policy 1 Residential Land Use Goals and Policies for Medium- and Higher- Density Residential Land Use ) and that medium density developments be arranged in small clusters as transitions from more intensive land uses, or located at the intersection of major street/roads. W 6^th Street itself is an intensive activity area and medium density residential would be an appropriate transition device from W 6^th.

The proposed RM12 Zoning District is compatible with surrounding land uses. RM12 is the predominate multi-dwelling density in the area.

Staff Finding -- The rezoning requested conforms with several Horizon 2020 policies related to use of medium--density residential development as transition.

II. ZONING AND USE OF NEARBY PROPERTY, INCLUDING OVERLAY ZONING

Property to the west of the subject property is zoned RM12D, for duplex development; GPI, for a City water tower; and RS10, with a church. Property to the north had a development proposal for single family and duplex residences and zonings of RS7 and RM12D approved. The plat, Loges Addition, expired; therefore the zoning remains UR (Urban Reserve) and the land remains in agricultural uses. Further to the north is an area zoned RM12-PD for a proposed development, The Links at Lawrence, with preliminary approval of a multi-dwelling residential development and golf course with density limited to no more than 6 units per acre. Property to the east is zoned RM12 and developed as multi-family residential and existing parcels along Queens Road that are zoned UR. To the south, is property under the same ownership which has commercial rezoning requests being considered concurrently with this rezoning and across W 6^th Street is property zoned PRD with a maximum density of 12 units per acre which has duplex and 8-plex units under construction (Aberdeen on 6^th).

Staff Finding -- The surrounding properties are zoned for residential purposes or have not yet been rezoned for urban development. The properties which have been zoned for urban development are medium density and have been zoned for a density of 12 units per acre, either as multi-dwelling facilities or as duplex development.

III. CHARACTER OF THE NEIGHBORHOOD

Applicant’s response:

“The subject area is presently undeveloped or only partially developed. The proposed RM12 zoning is surrounding by GPI and RM12D on the west, UR on the north, RM12 and UR on the east and proposed RM15 zoning to the south. The proposed zoning will allow effective transition to the surrounding lower density housing.”

The area is in transition at this time, as several development proposals have been approved for nearby properties. A City water tower is to be constructed on the property to the west. The area is near the intersection of the K10 Bypass and W 6^th St/Hwy 40. A Commercial Community Center has been preliminarily approved for the north and south corners of this intersection. Commercial developments, Wal-Mart store and Bauer Farms, have been approved for properties to the east at the Wakarusa Dr. and W 6^th Street intersection. Land retaining its UR (Urban Reserve District) is scattered throughout the area and either contains rural residences or is undeveloped.

Staff Finding -- The area contains W 6^th Street, which is a State Highway, and the intersection of W 6^th and K-10 Bypass. This is a high traffic area which is currently undeveloped, but commercial development has been preliminary approved west of this site at the intersection of W 6^th Street and K-10 Bypass and to the east of the subject property at the intersection of W 6^th St and Wakarusa Dr. The area is in transition as the development plans continue through the process and development proposals are submitted for the property which retains its UR zoning.

IV. PLANS FOR THE AREA OR NEIGHBORHOOD, AS REFLECTED IN ADOPTED AREA AND/OR SECTOR PLANS INCLUDING THE PROPERTY OR ADJOINING PROPERTY

Northwest Plan

The subject property is contained within the planning area of the Northwest Plan. The Plan included land within Sections 20, 21, 28, and 29 and the subject property is located in the southeastern portion of Section 29. The Northwest Plan recommends a mix of multi-family and office uses in this location. The Northwest Plan also recommends a downward grading of land use intensity as development approaches the northern section lines of sections 28 and 29, where the presence of woods and slopes is greatest, and where a very-low density residential land use would best be applied. (Figure 2)

“Further south, in the central portions of sections 28 and 29, conventional single family residential is planned. Multiple family residential land uses (duplex through multi-unit apartments) is primarily planned only in the southern portions of sections 28 and 29. Multiple family land use in the context of this plan should be limited to medium density, 15 dwelling units per acre, or lower. Multiple family adjacent to single family land use should be of the lowest density multifamily, such as duplex townhomes. (Page 6, Northwest Plan)

The medium density multi-family use would serve as a transition from the recommended office/multi-family use on W 6^th or the requested commercial use and the lower density residential development recommended to the north. Horizon 2020 recommends clustered developments of medium and higher density residential development near high activity areas. The intersection of W 6^th Street and the K-10 Bypass along with the pending Community Commercial Center will make up a ‘high activity’ area. Mercato PCD, to the west, contains 11.74 acres which is zoned RM24 (24 units per acre) and Oregon Trail, directly to the west of the subject property contains a 10.26 acre multi-dwelling lot which is zoned RM12 (12 units per acre). The rezoning request is for a 6.99 acre area to be zoned RM12. This property is adjacent to a 20.92 acre area within the same lot which has a proposed rezoning request to the RM15 District. The decrease in density is in compliance with the recommendations in the Northwest Plan and would provide transition from a smaller residential/office development along W 6^th Street, as recommended by the Northwest Plan or, if the associated rezoning were approved, a commercial/office development.

Staff Finding -- The proposal is for multi-dwelling residential uses at a maximum density of 12 units per acre, which is compliant with the recommendations of the Northwest Plan for this area.

V. SUITABILITY OF SUBJECT PROPERTY FOR THE USES TO WHICH IT HAS BEEN RESTRICTED UNDER THE EXISTING ZONING REGULATIONS

Applicant’s Response:

“The existing UR zoning/restrictions is/are unsuitable for the proposed uses prescribed or suggested within the Comprehensive Plan.”

The UR (Urban Reserve) District is a special purpose district which the Development Code states is intended to provide a suitable classification for newly annexed land. The district is intended to avoid premature or inappropriate development that is not well served by infrastructure or community services. The only principal uses allowed in the UR District are crop agriculture and any lawful uses in existence immediately prior to annexation. Rezoning is necessary for the property to be used in any other manner. As infrastructure and community services are available and a development proposal has been submitted, the UR District is no longer appropriate for this property.

Staff Finding -- The property as zoned would allow for only crop agriculture. Given the proximity to other residential development, Highway 40 or W 6^th Street and the K-10 Bypass, and the submittal of a development proposal the zoning of UR is no longer appropriate.

VI. LENGTH OF TIME SUBJECT PROPERTY HAS REMAINED VACANT AS ZONED

Applicant’s Response:

“The property has remained vacant with the UR zoning classification since the Lawrence Development Code was adopted in July 2006.”

Staff Finding – The property has never been developed but has been used for agricultural purposes.

VII. EXTENT TO WHICH APPROVING THE REZONING WILL DETRIMENTALLY AFFECT NEARBY PROPERTIES

Applicant’s response:

“Because adequately designed perimeter streets will separate the subject land from nearby properties, and because the outlying area is developed or developing in general conformance with the Comprehensive Plan, surrounding properties will not be adversely affected by approving the RM12 zoning for this site.”

The rezoning request would permit multi-dwelling residential development north of W 6^th Street which is in keeping with the established development pattern of the area. The maximum density of this development would be similar to that of the surrounding properties.

The traffic impact study indicated that dedicated turn lanes would be required for this development, a right turn lane from Stoneridge Drive onto Kelly Drive and a left turn lane from Queens Road onto Kelly Drive. When this development proposal was originally submitted, February of 2008, the City Engineer required that an agreement be executed limiting assessment for the dedicated right-turn lane from Stoneridge into the development to the property owners of Creekstone Addition. The City Engineer indicated that construction is planned for Stoneridge Drive in 2008, and may be completed before this development. In that event, the cost of the right-turn lane would be the developer’s responsibility. If Queens Road has not yet been built when Kelly Drive is constructed, an agreement not to protest the formation of a benefit district may be executed. However, if Queens Road has been built the developer will be responsible for construction of the northbound left-turn lane on Queens Road at Kelly Drive.

Staff Finding – The development, with the required turn lanes, will not create any detrimental impact to the nearby neighborhood by way of stormwater drainage, or traffic impacts. Compatible transition with the surrounding neighborhood will be provided at the site planning stage.

VIII. THE GAIN, IF ANY, TO THE PUBLIC HEALTH, SAFETY AND WELFARE DUE TO DENIAL OF THE APPLICATION, AS COMPARED TO THE HARDSHIP IMPOSED UPON THE LANDOWNER, IF ANY, AS A RESULT OF THE DENIAL OF THE APPLICATION

Applicant’s Response:

“Increased housing alternatives and services, maintenance of presently undeveloped property and the extension of infrastructure to the subject area will also serve to increase tax revenues, benefiting public health, safety, and welfare. Denial of the application would prohibit said benefit”.

Evaluation of these criteria includes weighing the benefits to the public versus the benefits of the owner of the subject property. Benefits are measured based on the anticipated impacts of the rezoning request on the public health, safety and welfare. If the rezoning request were not approved, the land would remain as agricultural crop-land, pending a revised development proposal. Approval of the rezoning request would provide the initial steps necessary for development. The requested rezoning is compatible with the zonings in the area, with the surrounding zonings being low density single-dwelling and medium density multi-dwelling districts. The site plan for the development will be reviewed to insure that the design and configuration of the multi-dwelling development is compatible with surrounding land uses. The City Engineer has required turn lanes into the development to resolve any impacts associated with the increased traffic.

Staff Finding – Approval of this rezoning request would permit a medium-density multi-dwelling development to occur which may impact the surrounding neighborhood visually. Compatible transition measures will be required at the site planning phase. If the rezoning is approved, turn lanes must be constructed which will reduce the impact of the additional traffic. Denial of this rezoning request would prohibit urban development at this time, pending a revised development proposal.

IX. PROFESSIONAL STAFF RECOMMENDATION

Staff Review

The subject property is located adjacent to property which has been zoned for multi-dwelling residential uses and property which remains zoned UR (Urban Reserve) pending development proposals. The applicant’s response indicated that the rezoning would serve as a transition to the surrounding lower density housing. RM12 is a medium density residential district which is recommended by the Comprehensive Plan as a transitional residential district. Horizon 2020 recommends the integration of higher-density residential development through compatible design.

Figure 1 shows the residential zoning in the area, both existing and pending. There are a few areas which have been zoned for Planned Residential Development which do not have development plans so the density isn’t included on the graphic. The increase in density is indicated by the higher letter in the alphabet and the corresponding darker color.

The predominate residential zoning in the area at this time is the RS7 Zoning District, which allows low density, single-dwelling residences. The Northwest Plan recommends low density, single-dwelling residences on the west of town. The red figures indicate approved Commercial development in the area, and transitional medium density residential zoning has been approved adjacent to these areas. The commercial area near the South Lawrence Trafficway is surrounded by higher densities with the majority being RM12 Zoning and some RM12D (duplex only) districts and a cluster of RM24 Zoning adjacent to the South Lawrence Trafficway, as recommended by the Northwest Plan.

The Northwest Plan recommends ‘grading’ the density of development from more intense along W 6^th Street to low density residential in the north portion of Section 29.

A Rezoning application [Z-10-25B-07] had previously been submitted for this property to rezone 27.90 acres from UR to the RM15 Zoning District. Staff had recommended denial based on the area being included in the RM15 Zoning request and had suggested that a smaller area be zoned RM15 to allow the gradation of zoning intensities from south to north as recommended in the Northwest Plan and it integrate with surrounding lower-density neighborhoods as recommended in Horizon 2020

The applicant reduced the size of the area being requested for rezoning to the RM15 District from 27.90 to 20.92 acres and this rezoning request is for the remainder(6.98 acres) to be rezoned to the RM12 District.

Staff Finding:

The two associated residential rezoning requests provide for a reduced gradation in intensity from the south to the north, as recommended in the Northwest Plan. The density requested is compliant with the Northwest Plan. Based on the compliance with the recommendations in the Northwest Plan and Horizon 2020; Staff recommends approval of the rezoning request.